garebear397

Adding our experiences (because reading all your alls good experiences really helped our nerves!): - My wife is Chilean, we all live in Chile - She used to be a GC holder through our marriage, but we moved to chile about 4 years ago, and now are in process to move back to the US - She applied for and got a 10 year B2 visa last december, she had overstayed by a couple weeks on accident as a teenager, so that is why she couldnt use ESTA and had to apply for a B2 visa. We had not applied for the I-130 at that time, but she did have "risks" of being married to a US citizen and having 2 US citizen kids. But there was no issue with the approval of her B2 visa. - We all entered the US in April through JFK (before applying for the I-130): the CBP officer was a very harsh with us becase we all went to the US citizen line (because we asked and they told us to), but she said my wife wasn't a citizen and shouldn't be in this line so she chewed us out a bit. My wife was then called to the back room and another officer was super chill and just asked her about the ESTA thing and her old green card, and then let her pass through without problems. - We visited the US again just now in October through LAX (after applying for I-130), we were going to go to the visitors line as a family to not repeat the problem, but they saw us and said again we should go to the US citizens line as a family. This time the officer was very nice and only asked if she was a GC holder or not, and how long our stay was. Took our pictures and passed us through. Didn't mention anything about I-130, old GC, or ESTA issue. I do think each additional visit she makes and comes back to Chile will make it easier and easier for the CBP to pass her through. So we were very happy with the last visit!

Ahhh you are doing K-3. Yeah, its just not super common anymore, and can be a bit of a waste of money to pay for both applications. The way I understand it is that K-3 was made so that your spouse can enter the country as a non-immigrant while waiting for the I-130. But now both applications basically take the same time....so most people just do the I-130 and enter the country as residents.

Did you file a 1-130 and 1-129f?

Ah yeah, didn't notice that....if indeed the spouse is from Iran (or middle east in general) that will be a bigger challenge.

I mean obviously OP needs to just file the CR1. But the two points you made on the B2 visa and entering the US as a visitor with kids is really dependent on the situation and country of origin. I have read several cases that both of those actions (B2 visa and visiting) weren't a big problem, and from my own personal experience it also wasn't a big problem. We live overseas (myself and our two kids are US citizens), my wife was approved for a B2 visa with kids and everything without really any trouble, and we have done visits with the whole family to the US without really any problem. Also visiting the US with two small kids is not unheard of at all....especially if you are visting the US citizens family. Again, my wife is from a fairly low-risk country, so again it is super dependent on country of origin.

Seems like you definitely have the answer to your question. Just commenting that we did basically did the reverse (also at that time K-1s were a faster than CR1) -- and it sounds similar that for us the ceremony was much more significant to us than the legal part. So we got engaged, filed, my then fiance got her visa and entered the country about 10 months later, we got legally married literally the day after she arrived, and then after she got her green card (or could have been AP, we just got the green card first) about 6 months later, we had a ceremony in her home country. I wouldn't say I would reccomend that now, since as people said the CR1 basically takes the same time (and then you don't have to worry about adjusting status after you enter the country) -- so if the legal part of the marriage is not as sigificant to you as the ceremony then just get legally married quickly, and file the CR1, and then just have a ceremony afterwards (in whatever country you want).

Yeah from reading other people's posts it seems like that is a pretty common status, "taking longer than expected", and I don't think it means too too much. They probably just having something in the system that it should go from "Actively Reviewing" to some other status in 1-2 months and if it doesn't than it goes to "taking longer than expected". Mine just recently went to "Actively Reviewing" on september 12th, and still says 5 months. But yeah also not getting hopes up...just gotta be patient.

Correct me if I am wrong those with more experience, but the sponsor doesn't actually have to be living in the US even at the time of the interview/filing I-864 -- if they can show intent to re-establish domicile in the United States (opening bank accounts, job applications/job offer, enrolling kids in school etc.). Of course its still a bit easier to show domicile (rental agreements, house purchase, utility bills, etc.) than "intent ro establish domicile" if you want to play it safe. But it is an option for your spouse if they want to wait for you to move to the US.

Perfect. Yeah I figured a large part of parent sponsorships are from naturalized citizens...since the child obviously didn't get citizenship from their parents. But didn't know if the speed or intention was frowned upon at all.

Is there any issues with petioning a parent basically right after obtaining citizenship through naturalization? Basically we have a longer term plan to get my whole family and my wife's mother living in the US. Currently my wife is waiting for her IR1 visa, after she gets her green card we plan on applying for her citizenship after 3 years living in the US, and right after she gets her citizenship we plan on her petioning her mother (widow). Any potential issues doing everything back to back like that? On paper I don't see any issue...she will be a US citizen living in the US, we will have enough for the monetary sponsorship. But just wondering if anyone has any experience.

There are more experts here, but if you are reporting 0 profit then I believe that won't count as income -- because basically the idea is if all your revenue is being eaten up by business expenses you wouldn't have money left to support your spouse. Do you have someone that can co-sponsor the I-864 for you? Relative, friend etc. The I-864 can be tricky if you live outside the US and don't have enough assets saved up. You basically either need to get a co-sponsor (which is what we are doing) or move to the US before your family to get a job.

Yes, I did get my answer -- I did recieve both. The other thing I was wondering, and did have confirmed was if the service center indicated on the Reciept Notice was the same as the NOA1 and at least for me they were both the same (Potomac Service Center).

Yeah I mean that would do it. But regardless if most people get through, and you are right I am sure the grand majority don't have issues...it is still quite stressfull going through US borders as a foreigner.

Yup, as that OOP I reccomend just both of you going to the visitor's line. It's enough stress entering the country as a K-1, just go ahead and play it safe.

Thanks everyone for the replies! Its bascially what I thought....100% depends on the agent, how they woke up that day, airport, time of day, etc. We will probably just all go through the visitor's line next time just to avoid any issues. Perfect thanks so much!

Maybe fraud is not the best way to frame it....but the general impression I had was that clearly living in another country, and then just coming back to the US every 6 months or whatever basically just to "refresh" your green card is not exactly the best way to go (not to mention that at any of those entries they could be turned away for that exact reason). We had no intention of coming back after 6 months or a year or anything, we intended to move to Chile for an indefinite period of time. Now personally we also would have had to remove conditions on her 2 year green card, it expired like 4 months after we moved. We actually probably didn't NEED to file the I-407, because we did it after her green card already expired, but its been useful several times both at borders and when she got her B-2 visa last year.

What has been other's experience when entering the US with your spouse when one is a US citizen and other is foreign visitor -- which line during border control have you all gone in and what has been your experience? Both in US Residents line? Both in Vistors line? Separate? I have seen mixed messaing about this (only US citizens/residents in US line, but also keep families together, etc.), and even have received mix messaging at the airport. Our story, we live in Chile and were visiting my family in the US, we were the last in line at border control (had to clean up a baby and a toddler after long flight), and we asked someone that looked like he was directing people where to go -- which line we should go in (with US citizen and foreign spouse). He told us to all go in the US citizen line to keep family together. We do that, we arrive at the control and the agent procedes to chew us out, saying my wife isn't a citizen, she shouldn't be in this line etc., I explain that is what we were instructed to do. She then later is pretty rude, and instead of telling my wife that they will do additional screening just asks her "Do you want the baby or do you want to hand it to your husband", we had to ask why and then she told us. THEN just some lovely contridictory nature of the CBP, she gets to the secondary screening....this agent is very friendly and relaxed, and asks her if she had a green card in the past, she said she did and she officially abandoned it two years ago...and he asks her "why? You should have just kept the green card." Just telling us to commit fraud (keeping a green card while obviously residing in another country). Didn't ask her anything else and let her through. So yah know....the only consistent thing is the inconsistancy.

Didn't see a thread for June yet, so I will start one (though let me know if I missed it). We were married back in 2017, already went through the K-1 visa process and my wife got her green card, we lived in the US for 2 years and then for family reasons moved back to Chile. Now with two kids with us we are looking to move back state-side. Yay Round 2! Filed on June 4th online, recieved the Reciept Notice the same day and based on that document it looks like it will be processed in Virginia. I assume this is NOT the same as the official NOA1? I suppose that will come in the mail?

Yeah, having done both paper before for the K-1 and online now for the I-130, I do quite like the online form better. In general removes ambiguity, giving fixed options, don't have to keep track of so much printed paper, and makes it easier to file while living overseas -- but you are right, doesn't make sense that they wouldn't have all the same instructions as the paper form has. Now I am going to go through the paper form to make sure there aren't other instructions I missed.

I think I answered my own question. I am filling out the form online and it is not clear that the questions about the beneficiary's class of admission, I-94 stamps, etc. only applies if the individual is currently residing in the US. But I checked the paper I-130 and see that it says: "If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d" . So for our case, my wife doesn't live in the US currently, so it does not apply.

I am filing the I-130 for my wife, we both live in Chile. For the section where it asks "Was the beneficiary EVER in the United States?", should I put her most recent entry into the US (this year, with B-2 visa) or her previous immigration to the US? I had petitioned her early in 2017 through K-1 visa, she came to the US, we got married, got her green card, but then in 2019 we moved back to Chile. I ask because it later asks information about visa type etc., and I am just wondering if we should put her B-2 visa information or previous K-1 visa information.

Good idea! I just checked some other recent timelines on this website for Chile and seems like another 9 months after USCIS approval. Definitely gonna get the ball rolling here on the whole process.

Ok good to know (about the timing). Yeah that's what I thought (Chilean Job), but that's why I said I wouldn't have any payslips yet fro my US jobs, since it would just be an offer and start-date. Ok yeah I will check it out. And the end of the day we will probably just apply with the regular I-130, since our only real deadline of being in the US is trying to get there before my daughter starts first grade (which is still 3 years away). So that way there aren't added complications with job search pressure, potential added delays if DCF doesn't work out, etc. Thanks for the feedback!

I mean I would have pay slips from my job in Chile, but I wouldn't think that would count for much since that wouldn't transfer over to the US. But maybe I don't understand it clearly....I was thinking if I got a job offer for a new job (in the US), with an imminent start-date that it would qualify to do the DCF. So I wouldn't have any payslips or anything yet.

It would avoid it since with my job offer it would be good by myself I assume? Again, its not really a big issue either way.